G.R. No.

81567 October 3, 1991

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF ROBERTO UMIL, ROLANDO

DURAL and RENATO VILLANUEVA, MANOLITA O. UMIL and NICANOR P. DURAL, FELICITAS
V. SESE, petitioners,
vs.
FIDEL V. RAMOS, MAJ. GEN. RENATO DE VILLA, BRIG. GEN. RAMON MONTANO, BRIG.
GEN. ALEXANDER AGUIRRE, respondents.

G.R. Nos. 84581-82 October 3, 1991

AMELIA ROQUE and WILFREDO BUENAOBRA, petitioners,

vs.
GEN. RENATO DE VILLA and GEN, RAMON MONTANO, respondents.

G.R. Nos. 84583-84 October 3, 1991

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF ATTY. DOMINGO T.

ANONUEVO and RAMON CASIPLE: DOMINGO T. ANONUEVO and RAMON
CASIPLE, petitioners,
vs.
HON. FIDEL V. RAMOS, GEN. RENATO S. DE VILLA, COL. EVARISTO CARIÑO, LT. COL. REX
D. PIAD, T/SGT. CONRADO DE TORRES, S/SGT. ARNOLD DURIAN, and Commanding Officer,
PC-INP Detention Center, Camp Crame, Quezon City, respondents.

G.R. No. 83162 October 3, 1991

IN THE MATTER OF THE APPLICATION FOR HABEAS CORPUS OF VICKY A. OCAYA AND

DANNY RIVERA: VIRGILIO A. OCAYA, petitioners,
vs.
BRIG. GEN. ALEXANDER AGUIRRE, COL. HERCULES CATALUNA, COL. NESTOR
MARIANO, respondents.

G.R. No. 85727 October 3, 1991

IN THE MATTER OF APPLICATION FOR HABEAS CORPUS OF DEOGRACIAS

ESPIRITU, petitioner,
vs.
BRIG. GEN.ALFREDO S. LIM, COL. RICARDO REYES, respondents.

G.R. No. 86332 October 3, 1991

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF NARCISO B. NAZARENO:

ALFREDO NAZARENO,petitioner,
vs.
THE STATION COMMANDER OF THE MUNTINGLUPA POLICE STATION, Muntinglupa, Metro
Manila, P/SGT. JACINTO MEDINA, P/SGT. ELADIO TAGLE, P/SGT. LEVI SOLEDAD, and
P/SGT. MALTRO AROJADO, respondents.

Efren H. Mercado for petitioners in G.R. No. 81567 and G. R. No. 83162.
Ricardo C. Valmonte for petitioners in G.R. Nos. 84581-82

Josefina G. Campbell-Castillo for petitioners in G.R. Nos. 84583-84.

Potenciano A. Flores, Jr. for petitioner in G.R. No. 85727.

The Solicitor General for the respondents.

RESOLUTION

PER CURIAM:p

Before the Court are separate motions filed by the petitioners in the above-entitled petitions, seeking
reconsideration of the Court's decision promulgated on 9 July 1990 (the decision, for brevity) which
dismissed the petitions, with the following dispositive part:

WHEREFORE, the petitions are hereby DISMISSED, except that in G.R. No. 85727 (Espiritu
vs. Lim), the bail bond for petitioner's provisional liberty is hereby ordered reduced from
P60,000.00 to P10,000.00. No costs.

The Court avails of this opportunity to clarify its ruling a begins with the statement that the decision
did not rule — as many misunderstood it to do — that mere suspicion that one is Communist Party
or New People's Army member is a valid ground for his arrest without warrant. Moreover, the
decision merely applied long existing laws to the factual situations obtaining in the several petitions.
Among these laws are th outlawing the Communist Party of the Philippines (CPP) similar
organizations and penalizing membership therein be dealt with shortly). It is elementary, in this
connection, if these laws no longer reflect the thinking or sentiment of the people, it is Congress as
the elected representative of the people — not the Court — that should repeal, change or modify
them.

In their separate motions for reconsideration, petitioners, in sum, maintain:

1. That the assailed decision, in upholding the validity of the questioned arrests made
without warrant, and in relying on the provisions of the Rules of Court, particularly Section 5
of Rule 113 (Arrest), disregards the fact that such arrests violated the constitutional rights of
the persons arrested;

2. That the doctrine laid down in Garcia vs. Enrile  1 and Ilagan vs. Enrile 2 should be abandoned;

3. That the decision erred in considering the admissions made by the persons arrested as to their membership in the Communist Party of the Philippines/New
People's Army, and their ownership of the unlicensed firearms, ammunitions and subversive documents found in their possession at the time of arrest, inasmuch
as those confessions do not comply with the requirements on admissibility of extrajudicial admissions;

4. That the assailed decision is based on a misappreciation of facts;

 5. That G.R. No. 81567 (the Umil case) should not be deemed moot and academic.

We find no merit in the motions for reconsideration.

 The writ of habeas corpus exists as a speedy

It can not be overlooked that these are petitions for the issuance of the writ of habeas corpus, filed by petitioners under the Rules of Court. 3

and effective remedy to relieve persons from unlawful restraint.   Therefore, the function of the 4

special proceedings of habeas corpus is to inquire into the legality of one's detention,  5 so that if detention is illegal, the

detainee may be ordered forthwit released.

In the petitions at bar, to ascertain whether the detention petitioners was illegal or not, the Court before rendering decision dated 9 July 1990, looked into whether their
questioned arrests without warrant were made in accordance with law. For, if the arrests were made in accordance with law, would follow that the detention resulting from such
arrests also in accordance with law.

 The law expressly

There can be no dispute that, as a general rule, no peace officer or person has the power or authority to arrest anyo without a warrant of arrest, except in those cases express authorized by law. 6

allowing arrests witho warrant is found in Section 5, Rule 113 of the Rules of Court which states the
grounds upon which a valid arrest, without warrant, can be conducted.

In the present cases, the focus is understandably on Section 5, paragraphs (a) and (b) of the said
Rule 113, which read:

Sec. 5. Arrest without warrant; when lawful. — A peace officer or a private person

may, without a warrant, arrest a person:

(a) When, in his presence, the person to he arrested has committed, is actually committing,
or is attempting to commit an offense;

(b) When an offense has in fact just been committed, and he has personal knowledge of
facts indicating that the person to be arrest has committed it; and

. . . (Emphasis supplied).

The Court's decision of 9 July 1990 rules that the arrest Rolando Dural (G.R. No. 81567) without
warrant is justified it can be said that, within the contemplation of Section 5 Rule 113, he (Dural) was
committing an offense, when arrested because Dural was arrested for being a member of the New
People's Army, an outlawed organization, where membership penalized,   and for subversion which, 7

like rebellion is, under the doctrine of Garcia vs. Enrile,   a continuing offense, thus: 8

The crimes of insurrection or rebellion, subversion, conspiracy or proposal to commit such

crimes, and other crimes and offenses committed in the furtherance (sic) on the occasion
thereof, or incident thereto, or in connection therewith under Presidential Proclamation No.
2045, are all in the nature of continuing offenses which set them apart from the common
 offenses, aside from their essentially involving a massive conspiracy of nationwide
magnitude. . . .

Given the ideological content of membership in the CPP/NPA which includes armed struggle for the
overthrow of organized government, Dural did not cease to be, or became less of a subversive, FOR
PURPOSES OF ARREST, simply because he was, at the time of arrest, confined in the St. Agnes
Hospital. Dural was identified as one of several persons who the day before his arrest, without
warrant, at the St. Agnes Hospital, had shot two (2) CAPCOM policemen in their patrol car. That
Dural had shot the two (2) policemen in Caloocan City as part of his mission as a "sparrow" (NPA
member) did not end there and then. Dural, given another opportunity, would have shot or would
shoot other policemen anywhere as agents or representatives of organized government. It is in this
sense that subversion like rebellion (or insurrection) is perceived here as a continuing offense.
Unlike other so-called "common" offenses, i.e. adultery, murder, arson, etc., which generally end
upon their commission, subversion and rebellion are anchored on an ideological base which
compels the repetition of the same acts of lawlessness and violence until the overriding objective of
overthrowing organized government is attained.

Nor can it be said that Dural's arrest was grounded on mere suspicion by the arresting officers of his
membership in the CPP/NPA. His arrest was based on "probable cause," as supported by actual
facts that will be shown hereafter.

Viewed from another but related perspective, it may also be said, under the facts of the Umil case,
that the arrest of Dural falls under Section 5, paragraph (b), Rule 113 of the Rules of Court, which
requires two (2) conditions for a valid arrestt without warrant: first, that the person to be arrested has
just committed an offense, and second, that the arresting peace officer or private person has
personal knowledge of facts indicating that the person to be arrested is the one who committed the
offense. Section 5(b), Rule 113, it will be noted, refers to arrests without warrant, based on "personal
knowledge of facts" acquired by the arresting officer or private person.

It has been ruled that "personal knowledge of facts," in arrests without warrant must be based
upon probable cause, which means an actual belief or reasonable grounds of suspicion  9

The grounds of suspicion are reasonable when, in the absence of actual belief of the arresting officers, the suspicion that the person to be arrested is probably guilty of committing the offense, is based on actual facts, i.e., supported by circumstances sufficiently

 A reasonable suspicion therefore must be founded on probable

strong in themselves to create the probable cause of guilt of the person to be arrested. 10

cause, coupled with good faith on the part of the peace officers making the arrest.  11

These requisites were complied with in the Umil case and in the other cases at bar.

In G.R. No. 81567 (Umil case), military agents, on 1 February 1988, were dispatched to the St. Agnes Hospital, Roosevelt Avenue, Quezon City, to verify a confidential information which was received by their office, about a "sparrow man" (NPA member) who
had been admitted to the said hospital with a gunshot wound; that the information further disclosed that the wounded man in the said hospital was among the five (5) male "sparrows" who murdered two (2) Capcom mobile patrols the day before, or on 31 January
1988 at about 12:00 o'clock noon, before a road hump along Macanining St., Bagong Barrio, Caloocan City; that based on the same information, the wounded man's name was listed by the hospital management as "Ronnie Javellon," twenty-two (22) years old of
Block 10, Lot 4, South City Homes, Biñan, Laguna. 12

Said confidential information received by the arresting officers, to the effect that an NPA member ("sparrow unit") was being treated for a gunshot wound in the named
hospital, is deemed reasonable and with cause as it was based on actual facts and supported by circumstances sufficient to engender a belief that an NPA member was truly
in the said hospital. The actual facts supported by circumstances are:  first — the day before, or on 31 January 1988, two (2) CAPCOM soldiers were actually killed in Bagong
Bario, Caloocan City by five (5) "sparrows" including Dural; second — a wounded person listed in the hospital records as "Ronnie Javellon" was actually then being treated in
St. Agnes Hospital for a gunshot wound; third — as the records of this case disclosed later, "Ronnie Javellon" and his address entered in the hospital records were fictitious
and the wounded man was in reality Rolando Dural.

 believe that the

In fine, the confidential information received by the arresting officers merited their immediate attention and action and, in fact, it was found to be true. Even the petitioners in their motion for reconsideration, 13

confidential information of the arresting officers to the effect that Dural was then being treated in St.
Agnes Hospital was actually received from the attending doctor and hospital management in
compliance with the directives of the law,   and, therefore, came from reliable sources. 14

As to the condition that "probable cause" must also be coupled with acts done in good faith by the
officers who make the arrest, the Court notes that the peace officers wno arrested Dural are deemed
to have conducted the same in good faith, considering that law enforcers are presumed to regularly
perform their official duties. The records show that the arresting officers did not appear to have been
ill-motivated in arresting Dural.   It is therefore clear that the arrest, without warrant, of Dural was
15

made in compliance with the requirements of paragraphs (a) and (b) of Section 5, Rule 113.

Parenthetically, it should be mentioned here that a few day after Dural's arrest, without warrant, an
information charging double murder with assault against agents of persons in authority was filed
against Dural in the Regional Trial Court of Caloocan City (Criminal Case No. C-30112). He was
thus promptly placed under judicial custody (as distinguished fro custody of the arresting officers).
On 31 August 1988, he wa convicted of the crime charged and sentenced to reclusion perpetua. The
judgment of conviction is now on appeal before this Court in G.R. No. 84921.

As to Amelia Roque and Wilfredo Buenaobra (G.R. Nos. 84581-82), Domingo

Anonuevo and Ramon Casiple (G.R. Nos. 84583-84) and Vicky Ocaya (G.R. No. 83162), their
arrests, without warrant, are also justified. They were searched pursuant to search warrants issued
by a court of law and were found wit unlicensed firearms, explosives and/or ammunition in their
persons. They were, therefore, caught in flagrante delicto which justified their outright arrests without
warrant, under Sec 5(a), Rule 113, Rules of Court. Parenthetically, it should be mentioned here that
a few davs after their arrests without warrant, informations were filed in court against said
petitioners, thereby placing them within judicial custody and disposition. Furthermore, Buenaobra
mooted his own petition fo habeas corpus by announcing to this Court during the hearing of these
petitions that he had chosen to remain in detention in the custody of the authorities.

More specifically, the antecedent facts in the "in flagrante" cases are:

1. On 27 June 1988, the military agents received information imparted by a former NPA
about the operations of the CPP and NPA in Metro Manila and that a certain house occupied
by one Renato Constantine, located in the Villaluz Compound, Molave St., Marikina Heights,
Marikina, Metro Manila was being used as their safehouse; that in view of this information,
the said house was placed under military surveillance and on 12 August 1988, pursuant to a
search warrant duly issued by court, a search of the house was conducted; that when
Renato Constantine was then confronted he could not produce any permit to possess the
firearms, ammunitions, radio and other communications equipment, and he admitted that he
was a ranking member of the CPP.  16

2. In the case of Wilfredo Buenaobra, he arrived at the house of Renato Constantino in the evening of 12 August 1988, and admitted that he was an NPA courier
and he had with him letters to Renato Constantine and other members of the rebel group.
 3. On the other hand, the arrest of Amelia Roque was a consequence of the arrest of Buenaobra who had in his possession papers leading to the whereabouts of Roque; 17 that, at the time of her arrest, the military agents found subversive
documents and live ammunitions, and she admitted then that the documents belonged to her. 18

4. As regards Domingo Anonuevo and Ramon Casiple they were arrested without warrant on 13 August 1988, when they arrived at the said house of Renato Constantine in the evening of said date; that when the agents frisked them,
subversive documents, and loaded guns were found in the latter's possession but failing to show a permit to possess them. 19

5. With regard to Vicky Ocaya, she was arrested, without warrant when she arrived (on 12 May 1988) at the premises ofthe house of one Benito Tiamzon who was believed to be the head of the CPP/NPA, and whose house was subject of a
search warrant duly issued by the court. At the time of her arrest without warrant the agents of the PC-Intelligence and Investigation found ammunitions and subversive documents in the car of Ocaya. 20

It is to be noted in the above cases (Roque, Buenaobra, Anonuevo, Casiple and Ocaya) that the reason which compelled the military agents to make the arrests without
warrant was the information given to the military authorities that two (2) safehouses (one occupied by Renato Constantine and the other by Benito Tiamzon) were being used
by the CPP/NPA for their operations, with information as to their exact location and the names of Renato Constantine and Benito Tiamzon as residents or occupants thereof.

And at the time of the actual arrests, the following circumstances surrounded said arrests (of Roque, Buenaobra, Anonuevo and Casiple), which confirmed the belief of the
military agents that the information they had received was true and the persons to be arrested were probably guilty of the commission of certain crimes:  first: search warrant
was duly issued to effect the search of the Constantine safehouse; second: found in the safehouse was a person named Renato Constantine, who admitted that he was a
ranking member of the CPP, and found in his possession were unlicensed firearms and communications equipment; third: at the time of their arrests, in their possession were
unlicensed firearms, ammunitions and/or subversive documents, and they admitted ownership thereof as well as their membership in the CPP/NPA. And then, shortly after
their arrests, they were positively identified by their former comrades in the organization as CPP/NPA members. In view of these circumstances, the corresponding
informations were filed in court against said arrested persons. The records also show that, as in the case of Dural, the arrests without warrant made by the military agents in
the Constantino safehouse and later in the Amelia Roque house, do not appear to have been ill-motivated or irregularly performed.

With all these facts and circumstances existing before, during and after the arrest of the afore-named persons (Dural, Buenaobra, Roque, Anonuevo, Casiple and Ocaya), no
prudent an can say that it would have been better for the military agents not to have acted at all and made any arrest. That would have been an unpardonable neglect of
official duty and a cause for disciplinary action against the peace officers involved.

For, one of the duties of law enforcers is to arrest lawbreakers in order to place them in the hands of executive and judicial authorities upon whom devolves the duty to investigate the acts constituting the alleged violation of law and to prosecute and secure the

 An arrest is therefore in the nature of an administrative measure. The power to arrest
punishment therefor. 21

without warrant is without limitation as long as the requirements of Section 5, Rule 113 are met. This
rule is founded on an overwhelming public interest in peace and order in our communities.

In ascertaining whether the arrest without warrant is conducted in accordance with the conditions set
forth in Section 5, Rule 113, this Court determines not whether the persons arrested are indeed
guilty of committing the crime for which they were arrested.   Not evidence of guilt, but "probable 22

cause" is the reason that can validly compel the peace officers, in the performance of their duties
and in the interest of public order, to conduct an arrest without warrant.  23

The courts should not expect of law-enforcers more than what the law requires of them. Under the conditions set forth in Section 5, Rule 113, particularly paragraph (b) thereof, even if the arrested persons are later found to be innocent and acquitted, the

 But if they do not strictly comply with the said conditions, the arresting officers can be
arresting officers are not liable. 24

held liable for the crime of arbitrary detention,   for damages under Article 32 of the Civil 25

Code   and/or for other administrative sanctions.

26

In G.R. No. 85727, Espiritu, on 23 November 1988, was arrested without warrant, on the basis of the
attestation of certain witnesses: that about 5:00 o'clock in the afternoon of 22 November 1988, at the
corner of Magsaysay Boulevard and Velencia St., Sta. Mesa, Manila, Espiritu spoke at a gathering of
drivers and sympathizers, where he said, among other things:
 Bukas tuloy ang welga natin . . . hanggang sa magkagulona.  27 (Emphasis supplied)

 Espiritu
and that the police authorities were present during the press conference held at the National Press Club (NPC) on 22 November 1988 where Espiritu called for a nationwide strike (of jeepney and bus drivers) on 23 November 1988. 28

was arrested without warrant, not for subversion or any "continuing offense," but for uttering the
above-quoted language which, in the perception of the arresting officers, was inciting to sedition.

Many persons may differ as to the validity of such perception and regard the language as falling
within free speech guaranteed by the Constitution. But, then, Espiritu had not lost the right to insist,
during the pre-trial or trial on the merits, that he was just exercising his right to free speech
regardless of the charged atmosphere in which it was uttered. But, the authority of the peace officers
to make the arrest, without warrant, at the time the words were uttered, or soon thereafter, is still
another thing. In the balancing of authority and freedom, which obviously becomes difficult at times,
the Court has, in this case, tilted the scale in favor of authority but only for purposes of the arrest (not
conviction). Let it be noted that the Court has ordered the bail for Espiritu's release to be reduced
from P60,000.00 to P10,000.00.

Let it also be noted that supervening events have made the Espiritu case moot and academic. For
Espiritu had before arraignment asked the court a quo for re-investigation, the peace officers did not
appear. Because of this development, the defense asked the court a quo at the resumption of the
hearings to dismiss the case. Case against Espiritu (Criminal Case No. 88-68385) has been
provisionally dismissed and his bail bond cancelled.

In G.R. No. 86332 (Nazareno), the records show that in the morning of 14 December 1988, Romulo
Bunye II was killed by a group of men in Alabang, Muntinlupa, Metro Manila; that at about 5:00
o'clock in the morning of 28 December 1988, Ramil Regala, one of the suspects in the said killing,
was arrested and he pointed to Narciso Nazareno as one of his companions during the killing of
Bunye II; that at 7:20 of the same morning (28 December 1988), the police agents arrested
Nazareno, without warrant, for investigation.  29

Although the killing of Bunye II occurred on 14 December 1988, while Nazareno's arrest without warrant was made only on 28 December 1988, or 14 days later, the arrest
fans under Section 5(b) of Rule 113, since it was only on 28 December 1988 that the police authorities came to know that Nazareno was probably one of those guilty in the
killing of Bunye II and the arrest had to be made promptly, even without warrant, (after the police were alerted) and despite the lapse of fourteen (14) days to prevent possible
flight.

As shown in the decision under consideration, this Court, in upholding the arrest without warrant of Nazareno noted several facts and events surrounding his arrest and
detention, as follows:

. . . on 3 January 1989 (or six (6) days after his arrest without warrant), an information charging Narciso Nazareno, Ramil Regala and two (2) others, with the
killing of Romulo Bunye II was filed wit the Regional Trial Court of Makati, Metro Manila. The case is dock eted therein as Criminal Case No. 731.

On 7 January 1989, Narciso Nazareno filed a motion to post bail but the motion was denied by the trial court in an order dated 10 January 1989, even as the
motion to post bail, earlier filed by his co-accused, Manuel Laureaga, was granted by the same trial court.

On 13 January 1989, a petition for habeas corpus was filed with this Court on behalf of Narciso Nazareno and on 13 January 1989, the Court issued the writ
of habeas corpus, retumable to the Presiding Judge of the Regional Trial Court of Bifian, Laguna, Branch 24, ordering said court to hear the case on 30 January
1989 and thereafter resolve the petition.

At the conclusion of the hearing, or on 1 February 1989, the Presiding Judge of the Regional Trial Court of Biñan, Laguna issued a resolution denying the petition
for habeas corpus, it appearing that the said Narciso Nazareno is in the custody of the respondents by reason of an information filed against him with the
 Regional Trial Court of Makati, Metro Manila which liad taken cognizance of said case and had, in fact, denied the motion for bail filed by said Narciso Nazareno
(presumably because of the strength of the evidence against him).

This Court reiterates that shortly after the arrests of Espiritu and Nazareno, the corresponding informations against them were filed in court. The arrests of Espiritu and
Nazareno were based on probable cause and supported by factual circumstances. They complied with conditions set forth in Section 5(b) of Rule 113. They were not arbitrary
or whimsical arrests.

Parenthetically, it should be here stated that Nazareno has since been convicted by the court a quo for murder and sentenced to reclusion perpetua. He has appealed the
judgment of conviction to the Court of Appeals where it is pending as of this date ( CA-G.R. No. still undocketed).

Petitioners contend that the decision of 9 July 1990 ignored the contitution requisiteds for admissibility of an extrajudicial admission.

 that he was an NPA courier. On the other hand, in the case of Amelia
In the case of Buenaobra (G.R. Nos. 84581-82), he admitted 30

Roque, she admitted   that the unlicensed firearms, ammunition and subversive documents found in
31

her possession during her arrest, belonged to her.

The Court, it is true, took into account the admissions of the arrested persons of their membership in
the CPP/NPA, as well as their ownership of the unlicensed firearms, ammunitions and documents in
their possession. But again, these admissions, as revealed by the records, strengthen the Court's
perception that truly the grounds upon which the arresting officers based their arrests without
warrant, are supported by probable cause, i.e. that the persons arrested were probably guilty of the
commission of certain offenses, in compliance with Section 5, Rule 113 of the Rules of Court. To
note these admissions, on the other hand, is not to rule that the persons arrested are already guilty
of the offenses upon which their warrantless arrests were predicated. The task of determining the
guilt or innocence of persons arrested without warrant is not proper in a petition for habeas corpus. It
pertains to the trial of the case on the merits.

As to the argument that the doctrines in Garcia vs. Enrile, and Ilagan vs. Enrile should be
abandoned, this Court finds no compelling reason at this time to disturb the same, particularly ln the
light of prevailing conditions where national security and liability are still directly challenged perhaps
with greater vigor from the communist rebels. What is important is that everv arrest without warrant
be tested as to its legality via habeas corpus proceeding. This Court. will promptly look into — and
all other appropriate courts are enjoined to do the same — the legality of the arrest without warrant
so that if the conditions under Sec. 5 of Rule 113, Rules of Court, as elucidated in this Resolution,
are not met, then the detainee shall forthwith be ordered released; but if such conditions are met,
then the detainee shall not be made to languish in his detention but must be promptly tried to the
end that he may be either acquitted or convicted, with the least delay, as warranted by the evidence.

A Final Word

This Resolution ends as it began, reiterating that mere suspicion of being a Communist Party
member or a subversive is absolutely not a ground for the arrest without warrant of the suspect. The
Court predicated the validity of the questioned arrests without warrant in these petitions, not on mere
unsubstantiated suspicion, but on compliance with the conditions set forth in Section 5, Rule 113,
Rules of Court, a long existing law, and which, for stress, are probable cause and good faith of the
arresting peace officers, and, further, on the basis of, as the records show, the actual facts and
circumstances supporting the arrests. More than the allure of popularity or palatability to some
groups, what is important is that the Court be right.
ACCORDINGLY, the motions for reconsideration of the decision dated 9 July 1990, are DENIED.
This denial is FINAL.

SO ORDERED.

Narvasa, Melencio-Herrera, Paras, Padilla, Bidin, Griño-Aquino, Medialdea and Davide, Jr., JJ.,
concur.

Separate Opinions

FERNAN, C.J., concurring and dissenting:

After a deep and thorough reexamination of the decision of Julv 9, 1990 and an exhaustive
evaluation of the motions for reconsideration of the said decision, I am inclined to agree with the,
majority's resolution on said motions for reconsideration except for the legality of the warrantless
arrests of petitioner Deogracias Espiritu for the crime of inciting to sedition and petitioner Alfredo
Nazareno for the crime of murder.

In the words of the resolution, Espiritu "was arrested without warrant, not for subversion or any
'continuing offense,' but for uttering" the following: "Bukas tuloy ang welga natin . . . hanggang sa
magkagulo na." Apparently, such statement was, in the perception of the arresting officers, inciting to
sedition. While not conceding the validity of such perception, realizing that it is indeed possible that
Espiritu was merely exercising his right to free speech, the resolution nonetheless supports the
authority of peace officers "only for purposes of the arrest."

I find this position to be adverse to the very essence of the resolution which sanctions warrantless
arrests provided they are made in accordance with law. In the first place, Espiritu mav not be
considered as having "just committed" the crime charged. He allegedly first uttered seditious
remarks at the National Press Club in the afternoon of November 12, 1988. The second allegedly
seditious remark aforequoted was made at around 5:00 o'clock in the same afternoon (Decision, pp.
23-24). Under these circumstances, the law enforcement agents had time, short though it might
seem, to secure a warrant for his arrest. Espiritu's apprehension may not therefore be considered as
covered by Section 5(b) of Rule 113 which allows warrantless arrests "when an offense has in fact
just been committed."

The same observation applies with greater force in the case of Nazareno who was arrested 14 days
after the commission of the crime imputed to him.

Secondly, warrantless arrests may not be allowed if the arresting officer are not sure what particular
provision of law had beeri violated by the person arrested. True it is that law en.orcement agents and
even prosecutors are not all adept at the However, errneous perception, not to mention ineptitude
among their ranks, especially if it would result in the violation of any right of a person, may not be
tolerated. That the arrested person has the "right to insist during the pre-trial or trial on the merits"
(Resolution., p. 18) that he was exercising a right which the arresting officer considered as contrary
to law, is beside the point. No person should be subjected to the ordeal of a trial just because the
law enforcers wrongly perceived his action.
Thirdly, inciting to sedition is not a continuous crime for which the offender may be arrested without a
warrant duly issued by the proper authority. By its nature, a single act of urging others to commit any
of the acts enumerated in Article 142 of the Revised Penal Code may suffice to hold anyone liable
for inciting to sedition. While the crime is aimed at anarchy and radicalism and presents largely a
question of policy (Espuelas vs. People, 90 Phil, 524 [1951]), it should be remembered that any of
the prohibited acts in Article 142 may infringe upon the fundamental freedoms of speech and
expression. There arises, therefore, the necessity of balancing interests; those of the State as
against those of its individual citizen. Here lies the urgency of judicial intervention before an arrest is
made. Added to this is the subjectivity of the determination of what may incite other people to
sedition. Hence, while the police should act swiftly when a seditious statement has been uttered in
view of the jeopardy it may cause the government, speedy action should consist not in warrantless
arrests but in securing warrants for such arrests.

On the legality of warrantless arrests of violators of the Anti-Subversion Law, it should be

underscored that anyone who undertakes such arrest must see to it that the alleged violator
is knowing member of a subversive organization as distinguished from a nominal one (People vs.
Ferrer, L-32613-14, December 27, 1972, 48 SCRA 382). Thus, a subversive may be arrested even if
has not committed overt act of overthrowing the government such as bombing of government offices
trie assassination of government officials provided there is probable cause to believe that he is in the
roll of members of a subversive organization. It devolves upon the accused to prove membership by
force or ciorcion. Certainly, one may not be in such a roll without undergoing the concious act of
enlistment.

It bears repeating theat warrantless arrests are governed by law and subject to stringent application.
Section 5, Rule 113 of the Rules on Criminal Procedure now requires that an offense "has in
fact just been committed. "connotes immediacy in point of time and excludes cases under the old
rule where an offense 'has in fact been committed' no how long ago. Similarly, the arrestor must
have 'personal knowledge of the facts indicating that the [arrestee] has committed it' (instead of just
'reasonable ground believe that the [arrestee] has committed it' under the old rule)." (Dissenting
opinion in Ilagan vs. Enrile, G.R. No. 70748, October 21, 1985, 139 SCRA 349, 408).

I deem it aptherein to recall other Court rulings provide guidelines in effecting arrests without
warrants. In People vs. Burgos (G.R. No. 68955, September 4, 1986,144 SCRA 1), the Court
considered as illegal the warrantless arrest of a subversive not based on the arresting officer's
personal knowledge such subversion and held that any rule on arrests witho warrants must be
strictly construed. We categorically state therein that warrantless arrests should "clearly fall within
the situations when securing a warrant be absurd or is manifestly unnecessary was provided by the
Rules" (144 SCRA at 14). Moreover. "it is not enough that there is reasonable ground to believe that
the person to be arrested has committed a crime. A crime must in fact or actually (has just) been
committed first. That crime has actually been committed is an essential precondition. It is not enough
to suspect that a crime may have been committed. The fact of the commission of the offense must
be undisputed. The test of reasonable ground applies only to the identity of the perpetrator. (Supra,
at p. 15).

Earlier, in Morales, Jr. vs. Enrile (G.R. No. 61016, April 26, 1983, 121 SCRA 538), the Court laid out
the procedure to be observed the moment a person is arrested:

At the time a person is arrested, it shall be the duty of the arresting officer to imform him of
the reason for the arrest and he must be shown the warrant of arrest, if any. He shall be
informed of his constitutional rights to remain silent and to counsel, and that any statement
he might make could be used against him. The person shall have the right to communicate
with his lawyer, a relative, or anyone he chooses by the most expedient means — by
 telephone if possible — or by letter or messenger. It shall be the responsibility of the
arresting officer to see to it that this is accomplished. No custodial investigation shall be
conducted unless it be in the presence of counsel engaged by the person arressted, by any
person on his behalf, or appointed by the court upon petition on his behalf, or appointed the
court upon the petition either of the detainee himself or by anyone on his behalf. The right to
counsel may be waived but the waiver shall not be valid unless made with the assistance of
counsel. Any statement obtained in violation of the procedure herein laid down, whether
exculpatory or inculpatory, in whole or in part shall be inadmissible evidence. (121 SCRA at
554).

These judicial pronouncements must be observed by everyone concerned: the military and civilian
components of the government tasked with law enforcement as well as the ordinary citizen who
faces a situation wherein civic duty demands his intervention to preserve peace in the community.

I am not unmindful of the fact that abuses occur in arrests especially of offenders of crimes with a
political or ideological element. Such abuses are more often than not, triggered by the difficulty in
finding evidence that could stand judicial scrutiny — to pinpoint a subversive, police officers usually
have to make long persistent surveillance. However, for the orderly administration of government
and the maintenance of peace and order in the country, good faith should be reposed on the officials
implementing the law. After all, we are not wanting in laws to hold any offending peace officer liable
both administratively and criminally for abuses in the performance of their duties. Victims of abuses
should resort to legal remedies to redress their grievances.

If existing laws are inadequate, the policy-determining branches of the government may be exhorted
peacefully by the citizenry to effect positive changes. This Court, mandated b the Constitution to
uphold the law, can only go as far as inter pruting existing laws and the spirit behind them.
Otherwise, we hail be entering the dangerous ground of judicial legislation.

GUTIERREZ, JR., J., concurring and dissenting:

The philosophy adopted in our Constitution is that liberty is an essential condition for order, It is
disturbing whenever the Court leans in the direction of order instead of liberty in har cases coming
before us.

People all over the world are fast accepting the theory that only as a society encourages freedom
and permits dissent can it have lasting security and real progress, the theory that enhancing order
through constraints on freedom is deceptive because restrictions on liberty corrode the very values
Govenment pretends to promote. I believe we should move with the people of the world who are fast
liberating themselves.

I, therefore, vote for the strict application of Section 5 (a) and (b) of Rule 113 on arrests without
warrant, to wit:

Sec. 5. Arrest without warrant; when lawful. — A peace officer or a private person may,
without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;

(b) When an offense has in fact just been committed, and he has personal knowledge of
facts indicating that the person to be arrested has committed it.
 x x x           x x x          x x x

Only in the cases found in the Rule should we allow arrests without warrants. In case of doubt, the
tendency should be to declare the warrantless arrest illegal.

Insofar as G.R. Nos, 84581-82, G.R. Nos. 84583-84 and G.R. No. 83162 involving Amelia Roque,
Wilfredo Buenaobra, Domingo Anonuevo, Ramon Casiple, and Vicky Ocaya are concerned, the
petitioners were arrested after having been apprehended while in possession of illegal firearms and
ammunitions. They were actually committing a crime when arrested. I concur in the denial of their
motions for reconsideration.

I vote to grant the motion for reconsideration in G.R. No. 85727 where Deogracias Espiritu was
arrested while urging jeepnev and bus drivers to join a strike of transport workers on the ground that
that was inciting to sedition.

This impresses me as Court validation of a clear infringement of an individual's freedom of speech.

"Inciting to sedition" is a term over which the most learned writers and jurists will differ when applied
to actual cases. I doubt if there are more than a handful of policemen in the whole country who
would know the full dimensions of the fine distinctions which separate the nation's interest in the
liberty to fully anfd freely discuss matters of national importance on one hand and the application of
the clear and present danger rule as the test when claims of national security and public safety are
asserted, on the other. In fact, the percentage of knowledgeability would go down further if we
consider that "inciting to sedition" requires the ability to define, among other (1) what kinds of
speeches or writings fall lander the term "inciting" (2) the meaning of rising publicly and tumultously;
(3,) when does a certain effort amount to force, intimidation. or illegal method; (4) what constitute
the five objects or ends of sedition; and (5) what is a scurrilous libel against the Philippines. If we
allow public speakers to be picked up simply because what they say is irritating or obnoxious to the
ears of a peace officer or critical of government policy and action, we will undermine all
pronouncements of this Court on the need to protect that matrix of all freedoms, which is freedom of
expression. At the very least, a warrant of arrest after a preliminary examination by a Judge is
essential in this type of offense.

Insofar as G.R. No. 81567 is concemed, I join the other dissenting Justices in their observations
regarding "continuing oftenses." To base warrantless arrests on the doctrine of continuing offense is
to give a license for the illegal detention of persons on pure suspicion. Rebellion, insurrection, or
sedition are political offenses where the line between overt acts and simple advocacy or adherence
to a belief is extremely thin. If a court has convicted an accused of rebellion and he is found roaming
around, he may be arrested. But until a person is proved guilty, I fail to see how anybody can jump
to a personal conclusion that the suspect is indeed a rebel and must be picked up on sight whenever
seen. The grant of authority in the majority opinion is too broad. If warrantless searches are to be
validated, it should be Congress and not this Court which should draw strict and narrow standards.
Otherwise, the non-rebels who are critical, noisy, or obnoxious will be indiscriminately lumped up
with those actually taking up arms against the Government.

The belief of law enforcement authorities, no matter how well grounded on past events, that the
petitioner would probably shoot other policemen whom he may meet does not validate warrantless
arrests. I cannot understand why the authorities preferred to bide their time, await the petitioner's
surfacing from underground, and pounce on him with no legal authority instead of securing warrants
of arrest for his apprehension. The subsequent conviction of a person arrested illegally does not the
warrantless arrest.
In G.R. No. 86332, Romulo Bunye was killed on December 14, 1988. The information that Narciso
Nazareno was one of the killers came to the attention of peace officers only on December 28, 1988
or fourteen (14) days later. To say that the offense "has in fact just been committed" even if 14 days
have lapsed is to stretch Rule 11 3 on warrantless arrests into ridiculous limits. A warrant of arrest is
essential in this case. I vote to grant the motion for reconsideration.

The subsequent conviction of a person arrested illegally does not reach back into the past and
render legal what was illegal. The violation of the constitutional right against illegal seizures is not
cured by the fact that the arrested person is indeed guilty of the offense for which he was seized. A
government of laws must abide by its own Constitution.

CONSIDERING THE FOREGOING, I VOTE TO:

(1) DENY the motions for reconsideration in G.R. Nos. 84581-82; G.R. No. 84583-84; and G.R. No.
83162;

(2) GRANT the motion for reconsideration in G.R. No. 85727;

(3) GRANT the motion for reconsideration in G.R. No. 86332;and

(4) GRANT the motion for reconsideration in G.R. No. 81567.

CRUZ, J., Separate Opinion:

I reiterate my concurrence with the ponencia insofar as it dismissed the petitions of those who were
arrested in flagrante, or subsequently posted bail or chose to remain in the custody of the military, or
voluntarily permitted the search of the house without warrant. I do not think that under the applicable
circumstances the petitioners can validly complain that they are being unlawfully detained.

But I must again express may dissent to the continued observance of Garcia-Padilla vs. Enrile, 121
SCRA 472, to justify the warrantless arrest and detention of the other petitioners on the ground that
they were apprehended for the continuing offenses of rebellion and other allied crimes.

We find in the said decision this partltularly disturbing observation, which was quoted with approval
in the original ponencia:

The arrest of persons involved in the rebellion, whether as its fighting armed elements, or for
committing non-violent acts but in furtherance of the rebellion, is more an act of capturing
them in the course of an armed conflict, to quell the rebellion, than for the purpose of
immediately prosecuting them in court for a statutory offense. The arrest, therefore, need not
follow the usual procedure in the prosecution of offenses which requires the determination
by a judge of the existence of probable cause before the issuance of arrest and the granting
of bail of the offense is bailable. Obviously, the absence of a judicial warrant is no legal
impediment to arresting or capturing persons committing overt acts of violence against
govenment forces, or any other milder acts but equally in pursuance of the rebellious
movement. (Emphasis supplied.)

The treatment suggested envisions an actual state of war and is justified only when a recognition of
beuigerency is accorded by the legitimate government to the rebels, resulting in the application of
the laws of war in the regulation of their relations. The rebels are then considered alien enemies-to
be treated as prisoners of war when captured-and cannot invoke the municipal law of the legitimate
government they have disowned. It is in such a situation that the processes of the local courts are
not observed and the rebels cannot demand the protection of the Bill of Rights that they are deemed
to have renounced by their defiance of the government.

But as long as that recognition has not yet been extended, the legitimate govenment must treat the
rebels as its citizens, subject to its municipal law and entitled to all the rights provided thereunder,
including and especially those guaranteed by the Constitution. Principal among these — in our
country — are whose embodied in the Bill of Rights, particularly those guaranteeing due process,
prohibiting unreasonable searches and seizures, allowing bail, and presuming the innocence of the
accused. The legitimate government cannot excuse the suppression of these rights by the
"exigencies" of an armed conflict that at this time remains an intemal matter governed exclusively by
the laws of the Republic of the Philippines.

Treatment of the rebels as if they were foreign invaders — or combatants — is not justified in the
present situation as our government continues to prosecute them as violators of our own laws.
Under the doctrine announced in Garcia-Padilla, however, all persons suspected as rebels are by
such suspicion alone made subject to summary arrest no different from the unceremonious capture
of an enemy soldier in the course of a battle. The decision itself says that the arrest "need not follow
the usual procedure in the prosecution of offenses" and "the absence of a judicial warrant is no
impediment" as long as the person arrested is suspected by the authorities of the "continuing
offense" of subversion or rebellion or other related crimes. International law is thus substituted for
municipal law in regulating the relations of the Republic with its own citizens in a purely domestic
matter.

As for the duration of the offenses, the decision contained the following pronouncement which this
Court has also adopted as its own:

. . . The crimes of insurrection or rebellion, subversion, conspiracy or proposal to commit

such crimes, and other crimes and offenses committed in the furtherance on the occasion
thereof, or incident thereto, or in connection therewith under Presidential Proclamation No.
2045, are all in the nature of continuing offenses which set them apart from the common
offenses, aside front their essentially involving a massive conspiracy of nationwide manitude.
(Emphasis supplied.)

The beginning of the "continuing offense" may be arbitrarily fixed by the authorities, usually by
simply placing the suspect "under surveillance," to lay the basis for his eventual apprehension. Once
so placed, he may at any time be arrested without warrant on the specious pretext that he is in the
process of committing the "continuing offense," no matter that what he may be actuallly doing at the
time is a perfectly innocent act.

In the case of Dural. the arrest was made while he was engaged in the passive and innocuous act of
undergoing medical treatment. The fiction was indulged that he was even then, as he lay supine in
his sickbed, engaged in the continuing offense of rebellion against the State. In further justification,
the Court says that the arresting officers acted on "confidential information" that he was in the
hospital, which information "was found to be true." This is supposed to have validated the
determination of the officers that there was "probable cause" that excused the absence of a warrant.

My own impression is that probable cause must be established precisely to justify the issuance of a
warrant, not to dispense with it; moreover, probable cause must be determined by the judge issuing
the warrant, not the arresting officer who says it is not necessary.
In the case of Espiritu, the arrest was made while he was actually sleeping, and for allegedly
seditious remarks made by him the day before. The Court says his case is not covered by the
Garcia-Padilla doctrine but approves the arrest just the same because the remarks were supposed
to continue their effects even to the following day. The offense was considered as having
been just committed (to make it come under Rule 113, Section 5, of the Rules of Court) despite the
considerable time lapse.

It was worse in the case of Nazareno, who was also arrested without warrant, and no less
than fourteen days after the killing. In sustaining this act, the Court says that it was only on the day
of his arrest that he was identified as one of the probable killers, thus suggesting that the validity of a
warrantless arrest is reckoned not from the time of the commission of an offense but from the time of
the Identification of the suspect.

Section 5 of Rule 113 says that a peace officer may arrest a person without a warrant if the latter
"has committed, is actually committing, or is attempting to commit an offense" or when an offense
"has in fact just been committed." The requirement of immediacy is obvious from the word "just,"
which, according to Webster, means "a very short time ago." The arrest must be made
almost immediately or soon after these acts, not at any time after the suspicion of the arresting
officer begins, no matter how long ago the offense was committed.

I am also uneasy over the following observations in the present resolution which I hope will not be
the start of another dangerous doctrine:

The Court, it is true, took into account the admissions of the arrested persons of their
membership in the CPP/NPA, as well as their ownership of the unlicensed firearms,
ammunitions and documents in their possession. But again, these admissions, as revealed
by the records, strengthen the Court's perception that truly the grounds upon wmch the
arresting officers based their arrests without warrant, are supported by probable cause, i.e.,
that the persons arrested were probably guilty of the commission of certain offenses, in
compliance with Section 5, Rule 113 of the Rules of Court.

I can only repeat my own misgivings when I dissented in the recent case of People vs. Malmstedt,
G.R. No. 91107, June 19, 1991, where I noted: "The conclusion that there was probable cause may
have been influenced by the subsequent discovery that the accused was carrying a prohibited drug.
This is supposed to justify the soldier's suspicion. In other words, it was the fact of illegal possession
that retroactively established the probable cause that validated the illegal search and seizure. It was
the fruit of the poisonous tree that washed clean the tree itself."

I submit that the affirmation by this Court of the Garcia-Padilla decision to justify the illegal arrests
made in the cases before us is a step back to that shameful past when individual rights were
wantonly and systematically violated by the Marcos dictatorship. It seems some of us have short
memories of that repressive regime, but I for one am not one to forget so soon. As the ultimate
defender of the Constitution, this Court should not gloss over the abuses of those who, out of
mistaken zeal, would violate individual liberty in the dubious name of national security. Whatever
their ideology and even if it be hostile to ours, the petitioners are entitled to the protection of the Bill
of Rights, no more and no less than any other person in this country. That is what democracy is all
about.

FELICIANO, J., concurring and dissenting:

I concur in the result reached by the majority in the Resolution disposing of the Motion for
Reconsideration.
At the same time, however, I feel compelled to dissent from certain statements made by the majority
principally concerning the applicability of the "continuing crimes" doctrine to the problem of arrests
without warrants. It seems clear that these statements are really obiter dicta, since they are quite
unnecessary for sustaining the actual results reached in the majority Resolution. This was summarily
pointed out in my very brief statement concurring in the result reached in the original Decision of the
Court dated 9 July 1990. The subsequent developments in several of the cases here consolidated,
which are carefully detailed in the majority Resolution, make this even clearer. Nonetheless, the
majority Resolution has taken the time and trouble expressly to reiterate the "continuing crimes"
doctrine as applicable in respect of warrantless arrests. Although the above statements are obiter,
they have been made and, I believe, need to be addressed to some extent and the inter-relation of
the "continuing crimes" doctrine with constitutional rights explored.

1. We start at the beginning, that is, the constitutional guarantee against unreasonable seizures of
persons. Article III Section 2 of the Constitution reads:

Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation
of the complainant and the witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized. (Emphais supplied)

Under the above provision, arrests, i.e., the constraint and seizure of the persons of individual
members of society, must, as a general rule, be preceded by the securing of a warrant of arrest, the
rendition of which complies with the constitutional procedure specified in Article III Section 2. Arrests
made without a warrant issued by a judge after complying with the constitutional procedure,
are prima facie unreasonable seizures of persons within the meaning of Article III Section 2.

2. There are, however, certain well-recognized exceptions to the norm that warrantless arrests are
unreasonable seizures of persons. Those exceptions are, in our day, essentially found in Section
5(a) and (b) of Rule 113 of the Rules of Court. Section 5(a) and (b) mark out the situations where an
officer of the law, or a private person for that matter, may lawfully arrest a person without previously
securing a warrant of arrest. The full text of Section 5, Rule 113 follows:

Sec. 5. Arrest without warrant, when lawful. — A peace officer or a private person may,
without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;

(b) When an offense has in fact just been committed, and he has personal knowledge of
facts indicating that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined while his
case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) hereof, the person arrested without a warrant
shall be forthwith delivered to the nearest police station or jail, and he shall be proceeded
against in accordance with Rule 112, Section 7.
3. Before examining the scope and implications of Section 5(a) and (b), it is important to recall that
judicial interpretation and application of Section 5(a) and (b) must take those provision for what they
are: they are exceptions to a vital constitutional norm enshrined in the Bill of Rights. Exceptions to
such a norm must be strictly construed so as not to render futile and meaningless the constitutional
rule requiring warrants of arrests before the persons of individuals may be lawfully constrained and
seized. The ordinary rule generally applicable to statutory provisions is that exceptions to such
provisions must not be stretched beyond what the language in which they are cast fairly warrants,
and all doubts should be resolved in favor of the general provision, rather than the exception.   This 1

rule must apply with special exigency and cogency where we deal, not with an ordinary statutory
provision, but with a constitutional guarantee.   Exceptions to such a guarantee must be read with 2

especial care and sensitivity and kept within the limits of their language so to keep vital and
significant the general constitutional norms warrantless arrests. In Alvarez vs. Court of First
Instance,   this Court, stressing that:
3

II. As the protection of the citizen and the maintenance of his constitutional rights is one of
the highest duties and privileges of the court. these constitutional guaranties should be given
a liberal construction or a strict construction in favor of the individual, to prevent stealthy
encroachment upon, or gradual depreciation of, the rights secured by them (State vs. Custer
County, 198 Pac., 362; State vs. McDaniel, 231 Pac., 965; 237 Pac., 373). Since the
proceeding is a drastic one, it is the general rule that statutes authorizing searches and
seizures or search warrants must be strictly construed (Rose vs. St. Clair, 28 Fed. [2d], 189;
Leonard vs. U.S., 6 Fed. [2d], 353; Perry vs. U.S., 14 Fed. [2d], 88; Cofer vs. State, 118 So.,
613. (emphasis supplied)

held that:

. . . All illegal searches and seizures are unreasonable whith lawful ones are reasonable.  4

In People vs. Burgos, 5

 this Court reiterated the above rule in the following terms:

There is no such personal knowledge in this case. Whatever knowledge was possessed by
the arresting officers, it came in its entirety from the information furnished by Cesar
Masamlok. The location of the firearm was given by the appellant's wife.

At the time of the appellant's arrest, he was not in actual possession of any firearm or
subversive document. Neither was he commit ting any act which could be described as
subversive. He was, in fact plowing his field at the time of the arrest.

The right of a person to be secure against any unreasonable seizure of his body and any
deprivation of his liberty is a most basic and fundamental one. The statute or rule which
allows exceptions the requirement of warrants of arrest is strictly construed. Any exception
must clearly fall within the situations when securing a warrant would be absurd or is
manifestly unnecessary as provided by the Rule. We cannot liberally construe the rule on
arrests without warrant or extend its application beyond the cases specifically provided by
law. To do so would infringe upon personal liberty and set back a basic right so often vilated
and so deserving of full protection.  6 (emphasis supplied)

4. Section 5(a) relates to situations where a crime is committed or attempted to be committed in the presence of the arresting officer. The fact of the occurrence of the offense, or of the attempt to commit an offense, in the presence of the arresting officer, may be
seen to be the substitute, under the circumstances, for the securing of a warrant of arrest. In such situation, there is an obvious need for immediate, even instantaneous, action on the part of the arresting officer to suppress the breach of public order and to
prevent further breaches then and there. Section 5(a) may, moreover, be seen to refer to overt acts constitutive of a crime taking place in the presence of the arresting officer. The term "presence" in this connection is properly and restrictively construed to relate

 If no overt, recognizably criminal, acts occur which are

to acts taking place within the optical or perhaps auditory perception of the arresting officer. 7

perceptible through the senses of the arresting officer, such officer could not, of course, become
aware at all that a crime is being committed or attempted to be committed in his presence.   It is 8
elementary that purely mental or psychological phenomena, not externalized in overt physical acts of
a human person, cannot constitute a crime in our legal system. For a crime to exist in our legal law,
it is not enough that mens rea be shown; there must also be an actus reus. If no such overt acts are
actually taking place in the presence or within the sensor perception of the arresting officer, there
would, in principle, be ample time to go to a magistrate and ask for a warrant of arrest. There would,
in other words, not be that imperious necessity for instant action to prevent an attempted crime, to
repress the crime being committed, or to capture the doer of the perceive criminal act, the necessity
which serves as the justification in law of warrantless arrests under Section 5(a).

5. Turning to Section 5 (b), two (2) elements must be coincide before a warrantless arrest may be
sustained under this subsection: 1) the offense must have "just been committed" when the arresting
officer arrived in the scene; and 2) the officer must have "personal knowledge" of facts indicating tha
the person to be arrested has committed the offense. In somewhat different terms, the first
requirement imports that th effects or corpus of the offense which has just been committed are still
visible: e.g. a person sprawled on the ground, dead of gunshot wound; or a person staggering
around bleeding profusely from stab wounds. The arresting officer may not ha seen the actual
shooting or stabbing of the victim, and thereto the offense can not be said to have been committed
"in [his] presence." The requirement of "personal knowledge" on the part of the arresting officer is a
requirement that such knowledge must have been obtained directly from sense perception the
arresting officer. That requirement would exclude informtion conveyed by another person, no matter
what his reputation for, truth and reliability might be.   Thus, where the arresting officer comes upon
9

a person dead on the street and sees a person running away with a knife from where the victim is
sprawled the ground, he has personal knowledge of facts which render it highly probable that the
person fleeing was the doer of the criminal deed. The arresting officer must, in other words, perceive
through his own senses some act which directly connects the person to be arrested with the visible
effects or corpus of a crime which has "just been committed."

6. The use of the words "has in fact just been committed" underscores the requirement that the time
interval between the actual commission of the crime and the arrival of the arresting officer must be
brief indeed. In the first place, the word "just" was fairly recently inserted in Section 5(b) by the 1985
Rules on Criminal Procedures, no doubt in order to underscore the point here being made. In the
second place, a latitudinarian view of the phrase "has in fact just been committed" would obviously
render pointless the requirement in Section 5(a) that the crime must have been committed "[in] the
presence" of the arresting officer. In G.R. No. 86332, the warrantless arrest of Alfredo Nazareno 14-
days after the occurrence of the killing with which he was charged along with other persons, cannot
by any standard be justified under Section 5(b). In G.R. No. 81567, Dural was arrested without
warrant while being treated in a hospital the day after the shooting of the policemen in which he was
suspected to have been a participant. While 1-day may be substantially different from 14-days, still it
must be pointed out that at the time Dural was arrested in the hospital, the killing of the two (2)
policemen in Caloocan City far away from the St. Agnes Hospital in Quezon City could not
reasonably be said to have been just committed. There was no showing, nor did the Court require it,
that the arresting officers had been in "hot pursuit" of Dural beginning at the scene of the killing and
ending the next day in the hospital.

7. It is worth noting that the requisite of "personal knowledge" on the part of the arresting officer who
is determining "probable cause" right at the scene of the crime, is in a sense more exacting than the
standard imposed by the Constitution upon the judge who, in the seclusion of his chambers,
ascertains "probable cause" by examining the evidence submitted before him. The arresting officer
must himself have "personal knowledge"; the magistrate may rely upon the personal knowledge of
the witnesses examined by or for him in issuing a warrant of arrest. In the present Resolution, the
majority begins with noting the requirement of "personal knowledge" in Section 5(b), but winds up in
the next page with a very diluted standard of "reasonable belief and "good faith" on the part of the
arresting officers. The stricter standard is properly applicable to the officers seizing a person without
a warrant of arrest, for they are acting in derogation of a constitutional right. That the person
unlawfully arrested without a warrant may later turn out to be guilty of the offense he was suspected
of in the first place is, course, quite beside the point. Even a person secretly guilty some earlier
crime is constitutionally entitled to be secure from warrantless arrest, unless he has in fact
committed physically observable criminal acts in the presence of the arresting officer or hadjust
committed such acts when the arresting officer burst upon the scene.

8. Examination of the utilization in the majotity Resolution of the doctrine of "continuing crimes,"
shows that doctrine is here being used as a substitute for the requirement under Section 5(a) that
the offense "has in fact just been presence of the arresting officer arrived, but rather because the
person to be arrested is suspected of having committed a crime in the future. The pertinent portion
of the majority Resolution reads:

. . . Dural did not cease to be, or because less of a subversive, FOR PURPOSE OF
ARREST, simply because he was, at the time of arrest, confined in the St. Agnes Hospital. . .
. That Dural had shot the two (2) policemen in Caloocan City as part of his mission as a
"sparrow" (NPA member) did not end there and then. Dural, given another opportunity, would
have shot or would shoot other policemen anywhere as agents or representatives of
organized government. It is in this sense that subversion like rebelion (or insurrection) is
perceived here as a continuing offense. Unlike other so-called "common" offenses, i.e.,
adultery, murder, arson, etc., which generally end upon their
commission, subversion and rebellion are anchored on an ideological base which compels
the repetition of the same acts of lawlessness and violence until the overriding objectives of
overthrowing organized government is attained. (Emphasis supplied)

9. I respectfully submit that an examination of the "continuing crimes" doctrine as actually found in
our case law offers no reasonable basis for such use of the dotrine. More specifically, that doctrine,
in my submission, does not dispence with the requirement that overt acts recognizably criminal in
character must take place in the presence of the arresting officer, or must have just been committed
when the arresting officer arrived, if the warrantless arrest it to be lawful. The "continuing crimes"
doctrine in our case law (before rendition of Garcia-Padilla vs. Enrile   does not sustain warrantless
10

arrests of person to be arrested is, as it were, merely resting in between specific lawless and commit
the moment he gets an opportunity to do so.

Our case law shows that the "continuing crimes" doctrine has been used basically in relation to two
(2) problems: the first problem is that of determination of whether or not a particular offense was
committed within the territorial jurisdiction of the trial court; the second problem is that of determining
whether a single crime or multiple crimes were committed where the defense of double jeopardy is
raised.

10. In respect of the first problem, the gist of our case law is that where some of the ingredients or
elements of an offense taken place within the territorial jurisdiction of one court and some other
ingredients or elements of the same offense occur in the territory of another court, (e.g., estafa or
malversation) either one of the two courts has jurisdiction to try the offense. Where all of the
essential elements of a crime take place within the territory of one court but "by reason of he very
nature of the offense committed" the violation of the law is deemed to be "continuing," then the court
within whose territorial jurisdiction the offense continues to be committed, has jurisdiction to try a
person charged with such offense. In the latter case, the offense is deemed to be continuing
because some or all of the elements constituting the offense occurred within jurisdiction of the
second court (e.g., kidnapping and illegal detention; libel; evasion of service of sentence). The
criminal acts are regarded as repeated or as continuing within the province or city where the
defendant was found and arrested.   Clearly, overt acts of the accussed constituting elements of the
11
crime charged must be shown to have been committed within the territorial jurisdiction of the court
where he is charged.

11. Turning to the second type of problem, the question is normally presented in terms of whether
one crime or multiple crimes were committed by the accused. Where the series of acts actually
alleged and proven to have been committed by the accused constituted only one and the same
crime, the defense of double jeopardy becomes available where a second information is filed
covering acts later in the series. Upon the other hand, where the acts of the accused constituted
discrete, multiple offenses, each act comprising a distinct and separate offense, the double jeopardy
defense is non-available.   The point worth stressing is that in passing upon the issue relating to the
12

unity or multiplicity of offense committed, the overt acts of the accused constitutive either of the
single offense or of the plural offenses, must be shown.

12. My final submission, is that, the doctrine of "continuing crimes," which has its own legitimate
function to serve in our criminal law jurisprudence, cannot be invoked for weakening and dissolving
the constitutional guarantee against warrantless arrest. Where no overt acts comprising all or some
of the elements of the offense charged are shown to have been committed by the person arrested
without warrant, the "continuing crime" doctrine should not be used to dress up the pretense that a
crime, begun or committed elsewhere, continued to be committed by the person arrested in the
presence of the arresting officer. The capacity for mischief of such a utilization of the "continuing
crimes" doctrine, is infinitely increased where the crime charged does not consist of unambiguous
criminal acts with a definite beginning and end in time and space (such as the killing or wounding of
a person or kidnapping and illegal dentention or arson) but rather of such problematic offenses as
membership in or affiliation with or becoming a member of, a subversive association or organization.
For in such cases, the overt constitutive acts may be morally neutral in themselves, and the
unlawfulness of the acts a function of the aims or objectives of the organization involved. Note, for
instance, the following acts which constitute prima facie evidence of "membership in any subversive
association:"  13

a) Allowing himself to be listed as a member in any book or any of the lists, records, correspondence, or any other document of the organization;

b) Subjecting himself to the discipline of such association or organization in any form whatsoever;

c) Giving financial contribution to such association or organization in dues, assessments, loans or in any other forms;

x x x           x x x          x x x

f) Conferring with officers or other members of such association or organization in furtherance of any plan or enterprise thereof;

x x x           x x x          x x x

h) Preparing documents, pamphlets, leaflets, books, or any other type of publication to promote the objectives and purposes of such association or organization;

x x x           x x x          x x x

k) Participating in any was in the activities, planning action, objectives, or purposes of such association or organization;

x x x           x x x          x x x
It may well be, as the majority implies, that the constitutional rule against warrantless arrests and seizures makes the law enforcement work of police agencies more difficult to
carry out. It is not our Court's function, however, and the Bill of Rights was not designed, to make life easy for police forces but rather to protect the liberties of private
individuals. Our police forces must simply learn to live with the requirements of the Bill of Rights, to enforce the law by modalities which themselves comply with the
fundamental law. Otherwise they are very likely to destroy, whether through sheer ineptness or excess of zeal, the very freedoms which make our polity worth protecting and
saving.

REGALADO, J.:  Separate Opinion:

While I have heretofore concurred in the  ponencia in the above-entitled cases and I reiterate such concurrence, I wish to unburden myself of some reservations on the
rationale adopted in G.R. No. 86332.

It is posited in this resolution that "(a)lthough the killing of Bunye II occurred on 14 December 1988, while Nazareno's arrest without warrant was made only on 28 December
1988, or 14 days later, the arrest falls under Section 5(b) of Rule 113, since it was only on 28 December 1988 that the police authorities came to know that Nazareno was
probably one of those guilty in the killing of Bunye II."

I am afraid that there has been a misapplication of Section 5(b) of Rule 113 which, while authorizing a peace officer or a private person to effect a warrantless arrest,
specifically conditions that grant of authority upon the situation "(w)hen an offense has in fact just been committed, and he has personal knowledge of facts indicating that the
person to be arrested has committed it."

It is significant that when the corresponding provisions of the 1964 Rules of Court were amended in the 1985 Rules of Criminal Procedure, the particular revision of paragraph
(b) of the aforesaid section consisted in imposing the requirements that the person making the arrest has  personal knowledge of the facts indicating that the arrestee is
responsible for an offense which has just been committed.

Now, according to the resolution, "the records show that in the morning of 14 December 1988, Romulo Bunye II was killed by a group of men in Alabang, Muntinlupa, Metro
Manila; that at about 5 o'clock in the morning of 28 December 1988, Ramil Regala, one of the suspects in the said killing, was arrested and he pointed to Narciso Nazareno as
one of his companions during the killing of Bunye II; that at 7:20 of the same morning (28 December 1988), the police agents arrested Nazareno, without warrant, for
investigation."

Since, clearly, the arresting police agents merely acted upon the information imparted by one of the suspects, Ramil Regala, the resolution has emasculated the requirement
in Section 5(b) that the person making the arrest must have had personal knowledge of factual indications regarding the complicity or liability of the arrestee for the crime. Yet,
that amendment requiring such personal knowledge must have been designed to obviate the practice in the past of warrantless arrests being effected on the basis of or
supposed reliance upon information obtained from third persons who merely professed such knowledge or, worse, concocted such reports for variant reasons not necessarily
founded on truth.

Further, and obviously as an added deterrent to the possibility that such arrest without a warrant may result from imputations based on dubious motives, it is now required that
the crime must have just been committed. The recency contemplated here, in relation to the making of the warrantless arrest, is the time when the crime was in fact
committed, and not the time when the crime was in fact committed, and not the time when the person making the arrest learned or was informed of such commission.
Otherwise, at the risk of resorting to reductio ad absurdum, such warrantless arrests could be validly made even for a crime committed, say, more than a year ago but of which
the arresting officer received information only today.

The brevity in the interval of time between the commission of the crime and the arrest, as now required by Section 5(b), must have been dictated by the consideration, among
others, that by reason of such recency of the criminal occurrence, the probability of the arresting officer acquiring personal and/or reliable knowledge of such fact and the
identity of the offender is necessarily enhanced, if not assured. The longer the interval, the more attenuated are the chances of his obtaining such verifiable knowledge. In the
case under consideration, the obtention of information of a crime committed fourteen (14) days earlier necessarily undermines the capacity of the arresting officer to ascertain
the reliability of the information he is acting upon and to acquire personal knowledge thereof after such verification.

It may be granted, as an ad hoc proposition, that the arrest of Nazareno was based on probable cause and it was not whimsical, at least, in this instance. It is correct to say
that prevailing conditions affecting national security and stability must also be taken into account. However, for the reasons above elucidated, I take exception to the
conclusion that the conditions in Section 5(b) of Rule 113 had been complied with in this case. It is true that the corresponding information was filed against Nazareno shortly
after his arrest but that, precisely, is another cause for controversy. Definitely, if the rules on arrest are scrupulously observed, there would be no need for the usual invocation
of Ilagan as a curative balm for unwarranted incursions into civil liberties.
SARMIENTO, J.: dissenting:

I reiterate my dissent. I submit that in spite of its "clarificatory" resolution, 1

 the majority has not shown why the arrests in question should after all
be sustained.

According to the majority, Rolando Dural (G.R. No. 815667) was validly arrested without a warrant
and that his arrest was sufficient compliance with the provisions of Section 5, paragraph (b), Rule
113, of the Rules of Court. According to the majority, he, Dural, was after all committing an offense
(subversion being supposedly a continuing offense) and that the military did have personal
knowledge that he had committed it. "Personal knowledge," according to the majority, is supposedly
no more than "actual belief or reasonable grounds . . . of suspicion," and suspicion is supposedly
reasonable:

. . . when, in the absence of actual belief of the arresting officers, the suspicion that the
person to be arrested is probably guilty of committing the offense, is based on actual
facts, i.e., supported by circumstances sufficiently strong in themselves to create the
probable cause of guilty of the person to be arrested. A reasonable suspicion therefore must
be founded on probable cause, coupled with good faith on the part of the peace officers
making the arrest.  2

As I said, I dissent.

 is made up of "overt

First, and as I held, subversion, as an offense punished by Executive Order No. 167, as amended by Executive Order No. 276, in relation to Republic Act No. 1700, 3

acts."   In People vs. Ferrer   this Court defined "overt acts" as follows:
4 5

. . . Indeed, were the Anti-Subversion Act a bill of attainder, it would be totally unnecessary to
charge Communists in court, as the law alone, without more would suffice to secure their
punishment. But the undeniable fact is that their guilt still has to be judicially established. The
Government has yet to prove at the trial that the accused joined the Party knowingly, willfully
and by overt acts, and that they joined the Party, knowing its subversive character and with
specific intent to further its basic objective, i.e., to overthrow the existing government by
force, deceit, and other illegal means and place the country under the control and domination
of a foreign power.

As Ferrer held, that above "overt acts" constitute the essence of "subversion," and as Ferrer has
taken pains to explain, the law requires more than mere membership in a subversive organization to
make the accused liable. I respectfully submit that for purposes of arrest without a warrant, that
above "overt acts" should be visible to the eyes of the police officers (if that is possible), otherwise
the accused can not be said to be committing any offense within the contemplation of the Rules of
Court, to justify police action, and otherwise, we would have made "subversion" to mean mere
"membership" when, as Ferrer tells us, subversion means more that mere membership.

I find strained that majority's interpretation of "personal knowledge," as the majority would interpret it,
as no more than "actual belief or reasonable suspicion," that is, "suspicion . . . based on actual
facts . . . [and] founded on probable cause, coupled with good faith . . . "   I submit that personal 6
knowledge means exactly what it says — that the peace officer is aware that the accused has
committed an offense, in this case, membership in a subversive organization with intent to further
the objectives thereof. It is to be noted that prior to their amendment, the Rules (then Section 6)
spoke of simple "reasonable ground" — which would have arguably encompassed "actual belief or
suspicion . . . coupled with good faith" referred to by the majority. Section 5(b) as amended,
however, speaks of "personal knowledge"; I respectfully submit that to give to "personal knowledge"
the same meaning as "reasonable ground" is to make the amendment as useless exercise.

What, furthermore, we have here was a mere "confidential information" that a "sparrow man" had
been wounded and was recuperating in the hospital, and that that person was Rolando Dural.
Clearly, what we have is second-hand, indeed, hearsay, information, and needless to say, not
personal knowledge.

I would like to point out that in the case of People vs. Burgos   this Court rejected a similar arrest
7

because of lack of personal knowledge, and, as the Court held, "[w]hatever knowledge was
possessed by the arresting officers came in its entirety from the information furnished by [another] . .
."   I do not see how We can act differently here.
8

I do not find the majority's reliance on the case of United States vs. Santos   to be well-taken. Santos
9

involved a prosecution for coercion (against a peace officer for affecting an arrest without a warrant).
Santos, however, did in fact affirm the illegality of the arrest but absolved the peace officer on
grounds of good faith. Santos did not say that so long as he, the peace officer, was acting in good
faith, as the majority here says that the military was acting in good faith, the arrest is valid. Quite to
the contrary, Santos suggested that notwithstanding good faith on the part of the police, the arrest is
nevertheless subject to question.

As far as the information leading to the arrest of Dural is concerned, the majority would quite
evidently swallow the version of the military as if in the first place, there truly was an information, and
that it was reliable, and that "it was found to be true;"   and as if, in the second place, the hospital
10

authorities (the alleged informants) could have legally tipped the military under existing laws. We
have, it should be noted, previously rejected such a species of information because of the lack of
"compulsion for [the informant] to state truthfully his charges under pain of criminal
prosecution."   Here, it is worse, because we do not even know who that informant was.
11

The majority is apparently unaware that under Executive Order No. 212, amending Presidential
Decree No. 169, hospital establishments are required to report cases of acts of violence to
"government health authorities" — not to the military.

I am concerned that if the military were truly armed with reliable information and if it did have
personal knowledge to believe that Dural had committed an offense, there was no reason for the
military to ignore the courts, to which the Constitution after all, gives the authority to issue warrants.
As People vs. Burgos held:

More important, we find no compelling reason for the haste with which the arresting officers
sought to arrest the accused. We fail to see why they failed to first go through the process of
obtaining a warrant of arrest, if indeed they had reasonable ground to believe that the
accused had truly committed a crime. There is no showing that there was a real
apprehension that the accused was on the verge of flight or escape. Likewise, there is no
showing that the whereabouts of the accused were unknown.  12
I do not likewise see how the petitioners Amelia Roque, Wilfredo Buenaobra, Domingo Anonuevo, Ramon Caspile, and Vicky Ocaya (G.R. Nos. 84581-82; 83162) could have
been lawfully picked up under similar circumstances. As the majority points out, the military had (again) acted on a mere tip-the military had no personal knowledge (as I
elaborated what personal knowledge means). Second, I do not think that the majority can say that since Amelia Roque, et al. "were NPA's anyway" (As Roque, et al. allegedly
admitted), immediate arrests were "prudent" and necessary. As I said, that Roque, et al. were admitted "NPA's" is (was) the question before the trial court and precisely, the
subject of controversy. I think it is imprudent for this Court to pass judgment on the guilt of the petitioners-since after all, and as the majority points out, we are talking simply of
the legality of the petitioner's arrests.

More important, that Roque, et al. "were NPA's anyway" is evidently, a mere say-so of the military, and evidently, the Court is not bound by bare say-so's. Evidently, we can
not approve an arrest simply because the military says it is a valid arrest (the accused being "NPA's anyway")— that would be abdication of judicial duty and when, moreover,
the very basis of the claim rests on dubious "confidential information."

According to the majority, we are speaking of simple arrests; we are not talking of the guilt or innocence of the accused. I certainly hope not, after the majority referred to
Rolando Dural as a "sparrow man" and having Amelia Roque, et al. admit to being NPA's."

It is to gloss over at any rate, the nature of arrest as a restraining on liberty. It is to me immaterial that the guilt of the accused still has to be established, since meanwhile, the
accused are in fact being deprived of liberty. Arrest to me, is something to crow about, even if in the opinion of the majority, it is nothing to crow about (a mere "administrative
measure").

I can not, again, accept the validity of the arrests of Deogracia Espiritu or Narciso Nazareno (G.R. Nos. 85727; 86332). Espiritu was supposedly picked up for inciting to
sedition, in uttering supposedly, on November 22, 1988, the following:

Bukas tuloy and welga natin . . . hanggang sa magkagulo na. 13

Espiritu however was arrested on November 23, 1988, a day later-and in no way is "inciting to sedition" a continuing offense. Obviously, the majority is not saying that it is
either, but that:

. . . Many persons may differ as to the validity of such perception and regard the language as falling within free speech guaranteed by the Constitution. But, then, Espiritu has not lost the right to insist, during the trial on the merits, that he was
just exercising his right to free speech regardless of the charged atmosphere in which it was uttered. But, the authority of the peace officers to make the arrest, without warrant, at the time the words were uttered, or soon thereafter, is still
another thing. In the balancing of authority and freedom, which obviously becomes difficult at times, the Court has, in this case, titled the scale in favor of authority but only for purposes of the arrest (not conviction). Let it be noted that the
Court has ordered the bail for Espiritu's release to be reduced from P60,000.00 to P10,000.00. 14

And obviously, the majority is concerned about whether or not Espiritu's speech was after all, protected speech, but apparently, that is also of no moment, since: (1) that is a matter of defense; (2) we are talking of mere arrests, and as far as arrests are

concerned, "the Court has, in this case, titled in favor of authority," 15

 and (3) we have, anyway, given a reduced bail to the accused.

First, that the accused's statement is in the category of free speech is not only plain to my mind, it is
a question I do not think the majority can rightly evade in these petitions without shirking the Court's
constitutional duty. It is to my mind plain, because it does not contain enough "fighting words"
recognized to be seditious.   Secondly, it is the very question before the Court—whether or not the
16

statement in question constitutes an offense for purposes of a warrantless arrest. It is a perfectly

legal question to my mind and I am wondering why we can not answer it.

What the majority has not answered, as I indicated, is that inciting to sedition is in no way a
continuing offense, and as I said, the majority is not apparently convicted that it is, either. Of course,
the majority would anyway force the issue: "But the authority of the peace officers to make the
arrest, without warrant, at the time the words were uttered, or soon thereafter, is still another
thing."   First, Espiritu was picked up the following day, and in no way is "the following day" "soon
17
thereafter". Second, we would have stretched the authority of peace officers to make warrantless
arrests for acts done days before. I do not think this is the contemplation of the Rules of Court.

As in the case of Burgos in People vs. Burgos,   Espiritu was neither "on the verge of flight or
18

escape"   and there was no impediment for the military to go through the judicial processes, as there
19

was none in the case of Burgos.

In the case of People vs. Aminnudin,   this Court held that unless there "was a crime about to be
20

committed or had just been committed," and unless there existed an urgency as where a moving
vehicle is involved, instant police action can not be justified.

"In the balancing of authority and freedom," states the majority, "the Court has, in this case, titled in
favor of authority but only for purposes of the arrest (not conviction)."   It is a strange declaration, 21

first, because it is supported by no authority (why the Court should "tilt" on the side of Government),
and second, because this Court has leaned, by tradition, on the side of liberty — as the custodian of
the Bill of Rights — even if we were talking of "simple" arrests.

I do not understand why this Court should "tilt" . . . the scale in favor of authority . . . in this
case,"   as if to say that normally, this Court would have tilted the scales the other way. I do not
22

understand why these cases are apparently, special cases, and apparently, the majority is not telling
us neither. I am wondering why, apart from the fact that these cases involved, incidentally, people
who think differently from the rest of us.

The majority goes on:

Although the killing of Bunye II occurred on 14 December 1988, while Nazareno's arrest
without warrant was made only on 28 December 1988, or 14 days later, the arrest falls under
Section 5(b) of Rule 113, since it was only on 28 December 1988 that the police authorities
came to know that Nazareno was probably one of those guilty in the killing of Bunye II.  23

With all due respect, I do not think that the majority is aware of the serious implications of its pronouncement on individual rights (and statutory construction in general), and I
feel I am appropriately concerned because as a member of the Court, I am co-responsible for the acts of my colleagues and I am afraid that I may, rightly or wrongly, be in
time made to defend such an indefensible pronouncement.

Section 5(b) of Rule 113 is clear and categorical: the offense must have been "just committed" and the authorities must have "personal knowledge."

In no way can an offense be said to have been "just committed" fourteen days after it was in fact (allegedly) committed. In no way can the authorities be said to have "personal
knowledge" two weeks thereafter; whatever "personal knowledge" they have can not possibly be "personal knowledge" of a crime that had "just been committed;" whatever
"personal knowledge" they have is necessarily "personal knowledge" of a crime committed two weeks before.

In no way can Nazareno's arrest be said to be an arrest sanctioned by the exceptional provisions of the Rules.

I am not saying that the military can not act in all cases, and it is sheer ignorance to suppose that I am saying it, (or worse, that I am "coddling criminals"). I am not saying that
a suspected criminal, if he can not be arrested without a warrant, can not be arrested at all — but that the military should first procure a warrant from a judge before effecting
an arrest. It is not too much to ask of so-called law enforcers.
As it is, the majority has enlarged the authority of peace officers to act, when the Rules have purposely limited it by way of an exception, precisely, to the general rule, mandated by the Constitution no less, that arrests may be done only through a judicial warrant.

 — today it is fourteen days, tomorrow, one year, and

As it is, the majority has in fact given the military the broadest discretion to act, a discretion the law denies even judges 24

sooner, a decade. I submit that a year, a decade, would not be in fact unreasonable, following the
theory of the majority, since the military can claim anytime that it "found out only later," as the
majority did not find it unreasonable for the Capital Command to claim that it "came to know
that Nazareno was probably one of those guilty in the killing of Bunye II"  —and none of us can 25

possibly dispute it.

I would like to stress strongly that we are not talking of a simple "administrative measure" alone—we
are talking of arrests, of depriving people of liberty—even if we are not yet talking of whether or not
people are guilty. That we are not concerned with guilt or innocence is hardly the point, I respectfully
submit, and it will not minimize the significance of the petitioners' predicament.

With respect to Wilfredo Buenaobra, I submit that the majority has, as in the cases of Amelia
Roque, et al., ignored the fact that Buenaobra's alleged "admission" (actually, an uncounselled
confession) was precisely, the basis for Buenaobra's arrest. It is to beg the question, I respectfully
submit, to approve the military's action for the reason that Buenaobra confessed, because
Buenaobra confessed for the reason that the military, precisely, pounced on him. I am not to be
mistaken for prejudging Buenaobra's innocence (although it is supposed to be presumed) but I can
not imagine that Buenaobra would have voluntarily proclaimed to the military that he was an NPA
courier so that the military could pounce on him.

I respectfully submit that the cases Garcia vs. Padilla   and Ilagan vs. Enrile   have been better 26 27

days. I do not see how this court can continuously sustain them "where national security and stability
are still directly challenged perhaps with greater vigor from the communist rebels."   First and 28

foremost, and as the majority has conceded, we do not know if we are in fact dealing with
"Communists." The case of Deogracias Espiritu, for one, hardly involves subversion. Second,
"Communism" and "national security" are old hat — the dictator's own excuses to perpetuate
tyranny, and I am genuinely disappointed that we would still fall for old excuses. Third, Garcia and
Ilagan rested on supposed grounds that can not be possibly justified in a regime that respects the
rule of law — that the Presidential Commitment Order (PCO) is a valid presidential document
(Garcia) and that the filing of an information cures a defective arrest (Ilagan). Fourth and finally, it is
evident that neither "Communist threat" nor "national security" are valid grounds for warrantless
arrests under Section 5(b) of Rule 113.

I most respectfully submit that Garcia and Ilagan have not only been diluted by subsequent
jurisprudence (e.g., People vs. Burgos, supra), they are relics of authoritarian rule that can no longer
be defended, if they could have been defended, in Plaza Miranda or before our own peers in the bar.

"What is important," says the majority, "is that every arrest without warrant be tested as to its legality,
via habeas corpus proceedings."   I supposed that goes without saying. But it is also to patronize the
29

petitioners and simply, to offer a small consolation, when after all, this Court is validating their
continued detention.   With all due respect, I submit that it is nothing for which the public should be
30

elated.

A Final Word

As I began my dissent, in this Resolution and the Decision sought to be reconsidered, I reiterate one
principle: The State has no right to bother citizens without infringing their right against arbitrary State
action. "The right of the people," states the Constitution, "to be secure in their persons, houses,
papers, and effects against unreasonable searchers and seizures of whatever nature and for any
purpose shall be inviolable . . . ."   "The State," the Charter likewise states, "values the dignity of
31
every human person and guarantees full respect for human rights."   The Constitution states the 32

general rule — the majority would make the exception the rule, and the rule the exception. With all
due respect, this is not what constitutionalism is all about.

I submit that the "actual facts and circumstances" the majority refers to are, in the first place,
doubtful, the "actual facts and circumstances" being no more than "confidential information"
(manufactured or genuine, we have no way of telling) and in the second place, any information with
which the military (or police) were armed could no more than be hearsay, not personal, information. I
submit that the "actual facts and circumstances" the majority insists on can not justify the arrests in
question under Section 5(b) of Rule 113, the rule the majority insists is the applicable rule.

Apparently, Section 5(b) is not the applicable rule, as far as Deogracias Espiritu and Narciso
Nazareno are concerned; certainly, it is not the Section 5(b) I know. As I indicated, Espiritu was
arrested one day after the act, allegedly, inciting to sedition; Nazareno was picked up fourteen days
after it (allegedly, murder). Yet, the majority would approve the police's actions nonetheless because
the police supposedly "found out only later." I submit that the majority has read into Section 5(b) a
provision that has not been written there.

"More than the allure of popularity of palatability to some groups," concludes the majority, "what is
important is that the Court be right."  33

Nobody has suggested in the first place, that Umil was and is a question of popularity or palatability. Umil is a question, on the contrary, of whether or not the military (or
police), in effecting the arrests assailed, had complied with the requirements of law on warrantless arrests. Umil is a question of whether or not this Court, in approving the
military's actions, is right.

In spite of "EDSA", a climate of fear persists in the country, as incidences of disappearances, torture, hamletting, bombings, saturation drives, and various human rights
violations increase in alarming rates. In its update for October, 1990, the Task Force Detainees of the Philippines found:

An average of 209 arrested for political reasons monthly since 1988, 94% of them illegally;

Four thousand four hundred eight (4,408) political detentions from January, 1989 to September, 1990, 4,419, illegally;

Of those arrested, 535 showed signs of torture; 280 were eventually salvaged, 40, of frustrated salvage, and 109 remained missing after their arrest;

Forty (40) cases of massacres, with 218 killed; 54 cases of frustrated massacre, in which 157 were wounded;

The victims belonged to neighborhood and union organizations;

Since February, 1986, 532 of those illegally arrested were women;

From January to June 1990, 361 children were detained for no apparent reason;

One million ten thousand four hundred nine (1,010,409) have been injured as a consequence of bombing, shellings, and food blockades undertaken by the military since 1988. 34
It is a bleak picture, and I am disturbed that this Court should express very little concern. I am also disappointed that it is the portrait of the Court I am soon leaving.
Nonetheless, I am hopeful that despite my departure, it will not be too late.

Motions denied.

Footnotes

1 G.R. No. 61388, April 20,1983,121 SCRA 472.

2 G.R. No. 70748, October 21,1985,139 SCRA 349.

3 Section 1, Rule 102: "To what habeas corpus extends. — Except otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of
illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled
thereto.

4 Villavicencio vs. Lukban, 39 Phil. 778.

5 Ilagan vs. Enrile, G.R. No. 70748, October 21, 1985, 139 SCRA 349.

6 Sayo vs. Chief of Police, 80 Phil. 859 (1948).

7 Republic Act No. 1700 known as the "Anti-Subversion Act" titled "An Act to outlaw the CPP and similar associations, penalize membership therein and for other
purposes." (1957); and the subsequent related decrees such as Presidential Decree No. 885, entitled "Outlawing subversive organizations, penalizing
membership therein, and for other purposes." (1976); and Presidential Decree No. 1835 entitled "Codifying the various laws on anti-subversion and increasing
the penalties for membership in subversive organizations."

8 G.R. No. 61388. April 20,1983,121 SCRA 472.

9 US vs. Santos, 36 Phil. 851 (1917).

10 Ibid.

11 Ibid.

12 Records of G.R. No. 81567, affidavit dated 4 February 1988.

13 Rollo, pp. 311-312 (G.R. No. 81567).

14 Presidential Decree No. 169 requires attending physicians and/or persons treating injuries from any form of violence, to report such fact to the Philippine
Constabulary and prescribing penalties for any violation thereof.

15 Decision dated 9 July 1990, pp. 19-20.

16 Decision, pp. 10-11.

17 Ibid., p. 12.

18 Ibid., pp. 12-13.

19 Ibid., pp. 14-15.

20 Decision, p. 18.

21 United States vs. Sanchez, No. 9294, March 30,1914, 27 Phil, 442.

22 Ibid: "The legality of the detention does not depend upon the fact of the crime, but . . . upon the nature of the deed, wherefrom such characterization may
reasonably be inferred by the officer or functionary to whom the law at that moment leaves the decision for the urgent purpose of suspending the liberty of the
citizen.

"In People vs. Ancheta, it was held that "the legality of detention made by a person in authority or an agent thereof ... does not depend upon the juridical and
much less the judicial fact of crime which, at the time of its commission, is not and cannot definitively be determined for the lack of necessary data and for
jurisdiction but upon the nature of the deed. . . . ."

23 United States vs. Santos, supra.

24 Ibid.

25 Article 124 of the Revised Penal Code provides:

"ART. 124. Arbitrary detention. — Any public officer or employee who, without legal grounds. detains a person, shall suffer:

1. The penalty of arresto mayor in its maximum period to prision correccional in its maximum period, if the detention has not exceeded three
days. . . .

26 Damages for the impairment of rights and liberties of another person.

27 Affidavit of Avelino Faustino dated 23 November 1988; Return of the Writ dated 25 November 1988; Decision dated 9 July 1990, pp. 23-24.

28 Joint Affidavit of 5 police agents, dated 23 November 1988; Decision, supra.

29 Affidavit of police agents, dated 28 December 1988, marked Exhibit "A" at the RTC, Biñan, Branch 24.

30 Decision of 9 July 1990, pp. 9 and 12.

31 Decision of 9 July 1990. p. 13.

FELICIANO, J., concurring and dissenting:

1 Salaysay vs. Castro, 98 Phil. 364 (1956).

2 Realty Investments Inc. vs. Pastrana. 84 Phil. 842 (1949)-l Sayo vs. Chief of Police of Manila, 80 Phil. 859 (1948)

3 64 Phil. 33 (1937).

4 64 Phil. at 44.

5 144 SCRA 1 (1986).

6 144 SCRA at 14.

7 See e.g., U.S. vs. Samonte, 16 Phil. 516 (1910).

8 In People vs. Aminnudin, 163 SCRA 402 (1988), the Court, in nullifying a warrantless arrest, said, through Mr. Justice Cruz:

"In the many cases where tills Court has sustained the warrantless arrest of violators on the Dangerous Drugs Act, it has always been shown that they were
caught red-handed, as a result of what are popularly called "buy-bust" operations of the narcotics agents. Rule 113 was clearly applicable because at the precise
time of arrest the accused was in the act of selling the prohibited drug.

In the case at bar, the accused-appellant was not, at the moment of his arrest, committing a crime nor was it shown that he was about to do so or that he had just
done so. What he was doing was descending the gangplank of the M/V Wilcon 9 and there was no outward indication that called for his arrest. To all
appearances, he was like any of the other passengers innocently disembarking from the vessel. It was only when the informer pointed to him as the carrier of the
marijuana that he suddenly became suspect and so subject to apprehension. It was the furtive finger that triggered his arrest. The Identification by the informer
was the probable cause as determined by the officers (and not a judge) that authorized them to pounce upon Aminnudin and immediately arrest him." (163 SCRA
at 409-410) (emphasis supplied)

9 People vs. Burgos, 114 SCRA 1 (1986).

10 121 SCRA 472 (1983).

11 Parulan vs. Director of Prisons, 22 SCRA 638 (1968); U.S. vs. Cunanan, 26 Phil. 376 (1913); U.S. vs. Santiago, 27 Phil. 408 (1914); U.S. vs. Laureaga, 2 Phil.
71 (1903).

12 E.g. People vs. Zapanta and Bondoc, 88 Phil. 688 (1951) where the Court held that each instance of sexual intercourse constitute a separate crime of
adultery, though the same persons and the same offended spouse are involved, and that a second information may be filed against the same accused for later
acts of sexual intercourse.

13 Section 6, P.D. 1835, 16 January 1981.

Sarmiento, J.: dissenting:

1 Resolution, 1.

2 Supra; emphasis in the original.

3 The majority cites Presidential Decrees Nos. 885 and 1835 and "related decrees;" both Presidential Decrees Nos. 885 and 1835 have been repealed by
Executive Order No. 167, as amended by Executive Order No. 267.

4 Please note that under Section 6 of Presidential Decree No. 1835, "[t]the following acts shall constitute  prima facie evidence of membership in any subversive
organization: (a) Allowing himself to be listed as a member in any book or any of the lists, records, correspondence, or any other document of the organization;
(b) Subjecting himself to the discipline of such association or organization in any form whatsoever; (c) Giving financial contribution to such association or
organization in dues, assessments, loans or in any other forms; (d) Executing orders, plans, or directives of any kind of such association or organization; (e)
Acting as an agent, courier, messenger, correspondent, organizer, or in any other capacity, on behalf of such association or organization; (f) Conferring with
officers or other members of such association or organization in furtherance of any plan or enterprise thereof; (g) Transmitting orders, directives, or plans of such
association or organization orally or in writing or any other means of communication such as by signal, semaphore, sign or code; (h) Preparing documents,
pamphlets, leaflets, books, or any other type of publication to promote the objectives and purposes of such association or organization; (i) Mailing, shipping,
circulating, distributing, or delivering to other persons any material or propaganda of any kind on behalf of such association or organization; (j) Advising,
counselling, or in other way giving instruction, information, suggestions, or recommendations to officers, or members or to any other person to further the
objectives of such association or organization; and (k) Participating in any way in the activities, planning action, objectives, or purposes of such association or
organization." Please note that none of these are alleged by the military in this case, assuming that the Decree still exists.
5 Nos. L-32613-14, December 27, 1972, 48 SCRA 382; emphasis supplied. In Taruc vs. Ericta (No. L-34856, Nov. 29, 1989, 168 SCRA 63, 66-67), I held that
People vs. Ferrer is no longer a good basis for sustaining the Anti-Subversion Act. I am not here invoking Ferrer to sustain it, but to discuss its elaboration of the
provisions of Republic Act No. 1700.

6 Resolution, supra.

7 G.R. No. 68955, September 4, 1986, 144 SCRA 1.

8 Supra, 14.

9 36 Phil. 853 (1917).

10 Resolution, supra, 10.

11 People vs. Burgos, supra, 15.

12 Supra.

13 Resolution, supra, 15.

14 Supra, 16.

15 Supra.

16 See United States vs. Apurado, 7 Phil. 422 (1907).

17 Resolution, supra; emphasis supplied.

18 Supra.

19 At 15.

20 G.R. No. 74869, July 6, 1988, 163 SCRA 402.

21 Resolution, supra.

22 Supra, 17.

23 Supra.

24 See RULES OF COURT, supra, Rule 112, sec. 5, on the number of days a judge may act.

25 Resolution, supra.

26 G.R. No. 61388, April 20, 1983, 121 SCRA 472.

27 G.R. No. 70748, October 21, 1985, 139 SCRA 349.

28 Resolution, supra, 18-19.
 29 Resolution, supra, 19.

30 Except for Rolando Dural, the rest of the petitioners have been acquitted by the lower courts trying their cases.

31 CONST., art. III, sec. 2.

32 Supra, art. II, sec. 11.

33 Resolution, supra, 19.

34 Manila Chronicle, October, 1990.

FACTS:

Military agents received confidential information that a certain man, Ronnie Javellon, believed to be one of the five
NPA sparrows who recently murdered two Capcom mobile patrols was being treated in St. Agnes Hospital, for
having gunshot wounds.
Later on, it was found out that Ronnie Javellon is a fictitious name and that his real name is Rolando Dural (verified as
one of the sparrows of the NPA).
Rolando Dural was transferred to the Regional Medical Services of the CAPCOM, for security reasons.
Meanwhile, he was positively identified by the eyewitnesses as the one who murdered the 2 CAPCOM mobile patrols.
In this 8 consolidated cases, it assails the validity of the arrests and searches made by the military on the petitioners;
that a mere suspicion that one is Communist Party or New People's Army member is a valid ground for his arrest
without warrant.

ISSUE:

WON the warrantless arrest is valid

HELD:

YES. The arrest without warrant is justified because it is within the contemplation of Section 5 Rule 113, Dural was
committing an offense, when arrested because he was arrested for being a member of the New People's Army, an
outlawed organization, where membership penalized and for subversion which, like rebellion is, under the doctrine
of Garcia vs. Enrile, a continuing offense.

Given the ideological content of membership in the CPP/NPA which includes armed struggle for the overthrow of
organized government, Dural did not cease to be or became less of a subversive, FOR PURPOSES OF ARREST,
simply because he was, at the time of arrest, confined in the St. Agnes Hospital.

Dural was identified as one of several persons who the day before his arrest, without a warrant, at the St. Agnes
Hospital, had shot two (2) CAPCOM policemen in their patrol car. That Dural had shot the two (2) policemen in
Caloocan City as part of his mission as a "sparrow" (NPA member) did not end there and then.

Dural, given another opportunity, would have shot or would shoot other policemen anywhere as agents or
representatives of the organized government. It is in this sense that subversion like rebellion (or insurrection) is
perceived here as a continuing offense. Unlike other so-called "common" offenses, i.e. adultery, murder, arson,
etc., which generally end upon their commission, subversion and rebellion are anchored on an ideological base
which compels the repetition of the same acts of lawlessness and violence until the overriding objective of
overthrowing an organized government is attained.
Nor can it be said that Dural's arrest was grounded on mere suspicion by the arresting officers of his membership
in the CPP/NPA. His arrest was based on "probable cause," as supported by actual facts mentioned in this case.

With all these facts and circumstances existing before, during and after the arrest of the afore-named persons
(Dural, Buenaobra, Roque, Anonuevo, Casiple, and Ocaya), no prudent man can say that it would have been better
for the military agents not to have acted at all and made any arrest. That would have been an unpardonable
neglect of official duty and a cause for disciplinary action against the peace officers involved.